Date: 24/03/2003
Source: Ministry of Arts, Culture, Science and Technology
Title: Ngubane: Signing of agreement between CSIR & San
ADDRESS BY DR BEN NGUBANE, MINISTER OF ARTS, CULTURE, SCIENCE AND TECHNOLOGY, AT THE SIGNING OF A BENEFIT-SHARING AGREEMENT BETWEEN THE CSIR AND THE SAN, Molopo Lodge, 24 March 2003
Mr Petrus Vaalbooi, Chairperson of the South African San Council and other council members;
Mr Kxao Moses, Chairperson, WIMSA;
Dr Sibusiso Sibisi, CSIR President and CEO;
Other guests;
Members of the media
The significance of today's event and signing ceremony is enormous. To appreciate it fully, allow me to remind you of the complexity of some of the issues involved. The concept of traditional knowledge has only in recent years acquired the recognition it deserves, as the broader society increasingly started to recognise that there could be no life without roots. Science and society began to reconnect and the seeds of mainstreaming Indigenous Knowledge Systems were sown. As part of this process, the Department of Science and Technology will release in June this year, a policy on indigenous knowledge, resulting in a Bill and a range of practical measures to protect indigenous knowledge that will represent the country's first national policy and legislation on IKS. The role of indigenous knowledge in our national system of innovation is also clearly spelled out in the National Research and Development Strategy I released last year after being approved by Cabinet.
But for this case, IKS in practice demanded to be dealt with before the policies and legislation on IKS were in place. The CSIR and the San - in formulating this agreement - carried the responsibility of drafting an agreement that anticipates future government policies in this area, would withstand scrutiny from many quarters as well as serving as an acceptable basis for the development of similar agreements in future. Part of the challenge in this domain presents itself in the contrasting nature of traditional knowledge, handed down from generation to generation and being community-owned, and Intellectual Property Rights, which views knowledge as being owned by an individual or company. South Africa's new draft bill addresses this issue and makes provision for providing legal protection of the intellectual property rights of communities, not just individuals.
The agreement signed today is a landmark case in terms of an indigenous community staking its claim and it symbolises the restoration of the dignity of indigenous societies. This agreement in particular illustrates the benefit that can be unleashed when owners of traditional knowledge and local scientists join forces to add value to the biodiversity and IKS of our region.
The responsibility that comes from playing in the field of biodiversity, arguably Africa's richest asset, is not slight either. I am pleased to note the two parties' commitment to the conservation of biodiversity by applying "best practices" with the collection of any plant species for scientific investigation, and by ensuring that no negative environmental impacts flow from the proposed bio-prospecting collaboration. In this respect too, a draft Bill, the National Environmental Management: the Department of Environmental Affairs and Tourism have published Biodiversity Bill. It sets out an enabling regulatory framework for the integrated management of South Africa's biodiversity.
Other complexities impacting in this arena include dealing with man-made borders that do no apply to cultural groups and biodiversity; deciding and agreeing on what constitutes equitable benefit-sharing: how to proportionally distribute benefits and reward knowledge; how to contract when the revenue or benefits to the parties are uncertain, contingent, and linked to the outcome of future clinical trials; balancing "trade secret"/knowledge protection with transparency; and how to administer the potential future benefits. To the CSIR, San and government teams who have consulted, talked, learned, laboured, travelled, debated, and debated some more to come to an agreement on a complex matter: well done.
However, as much as the matter is complex, it is simple. The agreement signed today is simply about doing the "right thing". The right thing in terms of benefit sharing with the holders of traditional knowledge, of delivering on the promise that bioprospecting can create social and economic benefit to a nation, including its poorest communities. The right thing in terms of engaging in bioprospecting and not biopiracy; and in terms of fulfilling a responsibility of recognising indigenous knowledge and not merely acting charitable. If the road to getting it right - to arriving at a responsible, mutually-acceptable agreement that will withstand local and international scrutiny - has been bumpy, it had been a small price to pay in the interest of advancement in a field which has been crying for it for so long.
You will agree that few things feel as good as "doing the right thing". And, while it will be many years before the benefits from P57/Hoodia will be realised, "doing the right thing" will give our celebrations meaning, when the time for celebrating comes.
I thank you.
Issued Ministry of Arts, Culture, Science and Technology
24 March 2003
Source: Ministry of Arts, Culture, Science and Technology
Title: Ngubane: Signing of agreement between CSIR & San
ADDRESS BY DR BEN NGUBANE, MINISTER OF ARTS, CULTURE, SCIENCE AND TECHNOLOGY, AT THE SIGNING OF A BENEFIT-SHARING AGREEMENT BETWEEN THE CSIR AND THE SAN, Molopo Lodge, 24 March 2003
Mr Petrus Vaalbooi, Chairperson of the South African San Council and other council members;
Mr Kxao Moses, Chairperson, WIMSA;
Dr Sibusiso Sibisi, CSIR President and CEO;
Other guests;
Members of the media
The significance of today's event and signing ceremony is enormous. To appreciate it fully, allow me to remind you of the complexity of some of the issues involved. The concept of traditional knowledge has only in recent years acquired the recognition it deserves, as the broader society increasingly started to recognise that there could be no life without roots. Science and society began to reconnect and the seeds of mainstreaming Indigenous Knowledge Systems were sown. As part of this process, the Department of Science and Technology will release in June this year, a policy on indigenous knowledge, resulting in a Bill and a range of practical measures to protect indigenous knowledge that will represent the country's first national policy and legislation on IKS. The role of indigenous knowledge in our national system of innovation is also clearly spelled out in the National Research and Development Strategy I released last year after being approved by Cabinet.
But for this case, IKS in practice demanded to be dealt with before the policies and legislation on IKS were in place. The CSIR and the San - in formulating this agreement - carried the responsibility of drafting an agreement that anticipates future government policies in this area, would withstand scrutiny from many quarters as well as serving as an acceptable basis for the development of similar agreements in future. Part of the challenge in this domain presents itself in the contrasting nature of traditional knowledge, handed down from generation to generation and being community-owned, and Intellectual Property Rights, which views knowledge as being owned by an individual or company. South Africa's new draft bill addresses this issue and makes provision for providing legal protection of the intellectual property rights of communities, not just individuals.
The agreement signed today is a landmark case in terms of an indigenous community staking its claim and it symbolises the restoration of the dignity of indigenous societies. This agreement in particular illustrates the benefit that can be unleashed when owners of traditional knowledge and local scientists join forces to add value to the biodiversity and IKS of our region.
The responsibility that comes from playing in the field of biodiversity, arguably Africa's richest asset, is not slight either. I am pleased to note the two parties' commitment to the conservation of biodiversity by applying "best practices" with the collection of any plant species for scientific investigation, and by ensuring that no negative environmental impacts flow from the proposed bio-prospecting collaboration. In this respect too, a draft Bill, the National Environmental Management: the Department of Environmental Affairs and Tourism have published Biodiversity Bill. It sets out an enabling regulatory framework for the integrated management of South Africa's biodiversity.
Other complexities impacting in this arena include dealing with man-made borders that do no apply to cultural groups and biodiversity; deciding and agreeing on what constitutes equitable benefit-sharing: how to proportionally distribute benefits and reward knowledge; how to contract when the revenue or benefits to the parties are uncertain, contingent, and linked to the outcome of future clinical trials; balancing "trade secret"/knowledge protection with transparency; and how to administer the potential future benefits. To the CSIR, San and government teams who have consulted, talked, learned, laboured, travelled, debated, and debated some more to come to an agreement on a complex matter: well done.
However, as much as the matter is complex, it is simple. The agreement signed today is simply about doing the "right thing". The right thing in terms of benefit sharing with the holders of traditional knowledge, of delivering on the promise that bioprospecting can create social and economic benefit to a nation, including its poorest communities. The right thing in terms of engaging in bioprospecting and not biopiracy; and in terms of fulfilling a responsibility of recognising indigenous knowledge and not merely acting charitable. If the road to getting it right - to arriving at a responsible, mutually-acceptable agreement that will withstand local and international scrutiny - has been bumpy, it had been a small price to pay in the interest of advancement in a field which has been crying for it for so long.
You will agree that few things feel as good as "doing the right thing". And, while it will be many years before the benefits from P57/Hoodia will be realised, "doing the right thing" will give our celebrations meaning, when the time for celebrating comes.
I thank you.
Issued Ministry of Arts, Culture, Science and Technology
24 March 2003
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